Citations Affected:
IC 36-4-1-4; IC 36-4-1-4.1.
Synopsis: Petitions to convert a town to a city. Increases the number
of registered voters of a town that are required to sign a petition to put
the question of whether a town may become a city on the ballot as a
local public question.
Effective: July 1, 2003.
January 15, 2003, read first time and referred to Committee on Elections and Civic Affairs.
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
SECTION 1.
IC 36-4-1-4
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 4. If a town has a population of
more than two thousand (2,000), it may change into a city in the
following manner:
(1) The town legislative body may adopt a resolution submitting
to the town's voters the question of whether the town should
change into a city. The legislative body shall adopt such a
resolution if at least the number of the registered voters of the
town required under IC 3-8-6-3 to place a candidate on the ballot
section 4.1 of this chapter petition it to do so. The legislative
body shall file a copy of the resolution with the clerk of the circuit
court for each county in which the town is located. The circuit
court clerk shall immediately certify the resolution to the county
election board.
(2) The resolution must fix a date for an election on the question.
If the election is to be a special election, the date must be not less
than thirty (30) nor more than sixty (60) days after the notice of
the election. If the election is to be on the same date as a general
election, the resolution must state that fact and be certified in
accordance with
IC 3-10-9-3.
(3) Notice of the election must be given by the clerk of the circuit
court in the manner prescribed by
IC 3-8-2-19.
IC 3-10-6 applies
to the election.
(4) The question shall be placed on the ballot in the form
prescribed by
IC 3-10-9-4
and must state "Shall the town of
_________ change into a city?".
(5) If a majority of those voting on the question vote "yes", the
town changes into a city when its officers are elected and
qualified; otherwise the town remains a town.
SECTION 2.
IC 36-4-1-4.1
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 4.1. (a) A petition for a resolution under section 4 of
this chapter must be signed by the number of registered voters of
the town equal to at least ten percent (10%) of the total vote cast
at the last election for secretary of state.
(b) In determining the number of signatures required under this
section, any fraction that exceeds a whole number must be
disregarded.